Legal Question in Landlord & Tenant Law in California

Re: Apt. Deposit Refund

Most leases provide for the return of a security deposit if the tenant leaves the unit clean, except for ordinary "wear and tear". There is no magic number of years involved. For example: if you moved into an apartment and there was a carpet that was old when you moved in, and you have lived there for a number of years, then it would be an abuse of the security deposit rules for a landlord to withhold your deposit to pay for recarpeting the unit.

That being said, if you leave the apartment dirty or damaged, a landlord has the right to pay a third party to clean and/or repair it, and to deduct the expenses of doing so from your security deposit. They must, however, send you a letter stating what deductions they took from the deposit and attaching a receipt for those deductions.

You have the right to demand an inspection from the landlord prior to vacating the unit, and to get a written copy of what the landlord considers needs fixing or doing before you are entitled to the return of your deposit. If you perform those items on the list, make sure you take a picture of the apartment before vacating. If you do those items, and the landlord still does not return your deposit, you should go to your local rent control board, if there is one, or go to small claims court.

Good luck.